Select Board meeting - December 10, 2012

The minutes from the Select Board meeting held December 10th

TOWN OF SPRINGFIELD

BOARD OF SELECTMEN

SELECTMEN’S HALL – 96 MAIN STREET – THIRD FLOOR

MONDAY, DECEMBER 10, 2012

7:00 P.M.

____________________________________________________________________________________________________________

MINUTES

A.

CALL TO ORDER AND ROLL CALL:

Chairman, Kristi Morris, called the meeting to order at 7:00 PM.

Board Members Present: Chairman, Kristi Morris, Vice Chairman, Michael Knoras, Stephanie Gibson, David Yesman, and

Peter MacGillivray.

Also Present: Town Manager, Robert Forguites, and Comptroller, Jeffrey Mobus

B.

MINUTES:

1. Regular Board Meeting, Monday, November 26, 2012

2. Capital Budget Workshop, Wednesday, November 28, 2012

Chairman Morris asked if there were any changes to the Regular Board Meeting Minutes of November 26, 2012 and Capital

Budget Workshop Minutes of November 28, 2012. There were none.

MOTION:

Stephanie Gibson motioned to accept the Regular Board Meeting Minutes of November 26, 2012 and

Capital Budget Workshop Minutes of November 28, 2012. David Yesman seconded, passed

unanimously.

C.

ANY REQUESTED ADDITIONS TO THE AGENDA:

Mr. Forguites reported there were no additions to the agenda.

Chairman Morris stated the agenda would be switched around tonight in order to accommodate Representative Emmons.

K.

LEGISLATIVE REPORTS: Representative Alice Emmons

Robert Forguites stated the Board of Selectmen has been going through the cycle of having some of our State Representatives

and Senators in before the Board. Mr. Forguites introduced Representative Alice Emmons as Dean of the House, (also sometimes

known as Queen Mum).

Representative Alice Emmons thanked Mr. Forguites and the Board of Selectmen for the opportunity to come before them

and speak. The new session for the Legislature starts on January 9, 2013. The first week will not be that busy. The second week will

be the swearing in of the members, electing the Speaker, swearing in of the Governor and the Lieutenant Governor. The next day

committee assignments will come down who is on the House side. Representative Emmons is currently the Chair of the House

Committee on Corrections & Institutions, which is a dual committee, in charge of being a money committee, as well as, a policy

committee. Most committees are strictly money or policy. The Institution deals with Bonded Dollars, Capital Construction, and

funding for Forest and Parks Projects, Water System Projects, School Projects, and Sewer Projects in Communities.

Representative Emmons shared the next projects her committee will be involved with will be the State Hospital and the

Waterbury State Complex.

Legislative priorities are starting to formulate on subjects like Budget Gaps and continuation of

Unionizing Childcare Providers. In the past, this has been a very controversial topic. Other continuation topics will be the issue of

Death with Dignity, Gang Activities, and Substance Abuse. Representative Emmons also reminded everyone there are always issues

that come up that are never expected. Representative Emmons feels the upcoming session will be very busy. She is also concerned

about the education funding and the fact appraisals are lower over the past three years. She stated the Statewide Property Tax could be

under pressure. There is almost a .05 cents difference from last year, (.88 cents to .94 cents), for Vermont Residence. The statue for

the State Wide Property Tax is set at $1.10. Representative Emmons did note this is still not at the Statutory Level. She invited

questions from the Board of Selectmen.

Board of Selectmen Meeting 12-10-12

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Chairman Morris asked if anyone from the Board had questions for Representative Emmons.

Vice Chairman Knoras inquired about prescription drugs. Vice Chairman Knoras supports Law Enforcement Officers to

have access to Prescription Drug Databases. He feels this would be a very safe and effective tool to assist Police Officers. He feels

people have been getting prescription from fake prescriptions. Representative Emmons stated this issue was discussed during the last

session between the Senate and House. The differences could not be resolved. The House felt very strongly Law Enforcement

should not be able to access those records without a search warrant. However, the Senate felt very different. Representative Emmons

shared the Governor is committed to work through this topic. Representative Emmons said this topic will be coming back up next

session.

The Board inquired about the Gang Task Force Report to be made to the Legislature this January. Representative Emmons

confirmed the Gang Task Force will be making a report in the middle of January 2013 to the Legislature. Some of the suggestions

from the Gang Task Force Report will be referred to the Judiciary Committee and Representative Emmons’s Committee.

Representative Emmons promised to forward the report to Springfield as soon as possible.

Vice Chairman Knoras also wanted to thank Representative Emmons for the meeting with the Department of Corrections,

Judicial and Legislator this afternoon. Chairman Morris elaborated on the meeting. Representative Emmons put together a meeting

this afternoon for the purpose of a face to face to understand the issues at hand and each Department ’ s responsibility for handling

them. The Commissioner of the Department of Correction, the State Court Administrator, the Commissioner of Public Safety, Law

Enforcement Representatives, the Department of Patrol, and Key People of the Community were all gathered for this meeting.

Chairman Morris thought the meeting was very successful and thanked Representative Emmons for putting it together under such

short notice.

David Yesman wanted to know what Representative Emmons knew about the proposed building of the Windsor County

Courthouse. Representative Emmons clarified she knows about building them, not what goes on inside. Mr. Yesman wanted to

discuss the proposed Windsor County Courthouse information Mr. Forguites included in the Board of Selectmen packets.

Unfortunately, Representative Emmons doesn’t have anything to do with Superior Court which is under the jurisdiction of the County.

The District and Probate Court are under State jurisdiction.

Peter MacGillivray wanted to revisit the topic of drug monitoring. As a pharmacist, he can tell you about criminal drug

activity. He has seen doctor and pharmacy shopping, which is illegal. Mr. MacGillivray said it is very clear to see criminal activity

on the database. He doesn’t feel like this is a question of invading someone’s privacy. By just viewing data a person can see clear

criminal activity. He also felt like this was a person who obviously needs treatment and is slipping through the cracks.

Representative Emmons felt it would be very helpful if Peter MacGillivray was willing to come testify on this topic before

the House and Senate. He would be able to testify by phone or come to Montpelier.

Stephanie Gibson also brought up Welfare Reform. She and Representative Emmons have discussed the topic before. Ms.

Gibson wanted to know what measures, if any, were going to be put in place with reference to welfare fraud. Representative Emmons

confirmed this topic was discussed before.

She has also had a similar conversation with Vice Chairman, Michael Knoras.

Representative Emmons stated calling the Welfare Fraud Division is a great place to start. Another great contact is, Lynn Boyle,

Director of Services for this area.

Chairman Morris requested, (if possible), for Representative Emmons to provide some input to increase the State Level

Funding based on fact the Town of Springfield as approximately 47% of the area being low income housing. He would be very

grateful on behalf of the Town. Again, Representative Emmons encouraged the Board of Selectmen to come forward and testify by

phone or in Montpelier. She said watching the Legislature in action and listening to decisions being made is very eye opening. You

go in with your information and ideas, and then you listen to everyone’s ideas.

Stephanie Gibson asked how the public would find out when to testify about certain topics. Representative Emmons said the

Legislative Website is available, but doesn’t have the ability to distribute what individual committees are working on. Until there is a

draft of the bill, the website cannot state what the committees are working on. Representative Emmons shared Senator, Alice Nitka,

Representative, Cynthia Martin, and herself have spoken about trying to figure out a mechanism when something is coming up how to

get the information to respective boards. She stated this plan needs work.

Stephanie Gibson commented a couple of days notice sometimes is not enough for people. Representative Emmons shared

Committees need to do their scheduling by the Wednesday or Thursday of the previous week. She also commented if the

Representatives had a contact email in Springfield, information could be shared quicker.

Mr. Forguites said Representative Emmons could use his email. He would forward the information to the Board of

Selectmen.

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Town’s Attorney, Stephen Ankuda arrived at 7:22 PM.

Vice Chairman Knoras inquired of the time line for submitting Bills. Representative Emmons stated Bills were drafted

toward the middle of January and submitted at the beginning of February. She also shared approximately 800 to 1000 Bills are

introduced on the House side over a two year period. After the introduction, the Bills are sent to 1 of the 14 Committees for

processing.

Representative Emmons encouraged the Board Members or anyone else to contact her with any questions or concerns. She

may be emailed at aemmons@leg.state.vt.us or by calling the Sergeant of Arms at 1-800-322-5616.

The Board and Mr. Forguites again thanked Representative Emmons for the scheduled meeting of earlier in the afternoon and

tonight’s appearance before the Board of Selectmen. Representative Emmons departed at approximately 7:35 PM.

D.

CITIZENS TO ADDRESS THE BOARD: - None

E.

PRIORITY BUSINESS: - None

F.

PETITIONS AND COMMUNICATIONS: - None

G.

BOARDS, COMMISSIONS AND DEPARTMENTAL MINUTES AND REPORTS:

1. Springfield Housing Authority, Regular Board Meeting Minutes, November 13, 2012

2. Springfield Regional Development Corporation, Meeting Minutes, October 23, 2012

3. Springfield Senior Center, Monthly Newsletter, December 2012

4. Springfield Water and Wastewater, Monthly Reports, October and November 2012

Chairman Morris acknowledged the Springfield Housing Authority, Regular Board Meeting Minutes, November 13, 2012,

Springfield Regional Development Corporation, Meeting Minutes, October 23, 2012, Springfield Senior Center, Monthly Newsletter,

December 2012, and Springfield Water and Wastewater, Monthly Reports, October and November 2012. Chairman Morris noted

copies of these minutes, reports, and newsletters could be picked up at the Town Manager’s Office.

H.

ORDINANCES AND RESOLUTIONS: - None

I.

OLD BUSINESS:

1. Citizen Concerns – Update a. Police Activity –

Chief Johnson and Lieutenant Fountain were not able to attend the Board Meeting tonight. Therefore, there was not much to

update. However, Mr. Forguites commented on the earlier meeting of the afternoon. Representative Emmons brought together a

meeting with the Department of Corrections, Judicial and Legislator Staff.

1. Citizen Concerns – Update b. Ordinance Review –

Mr. Forguites shared the Ordinance Review Committee was having difficulties scheduling due to the time of the year.

Administrative Officer, William Kearns, has scheduled a meeting on January 2, 2013 at 7:00 PM to discuss the proposed Rental

Agreement and look at problem properties. The need of a Renter’s Code will also be discussed.

Vice Chairman Knoras noted Chapter 5 of the Code of Ordinances, “Buildings and Building Regulations” currently was

being discussed by the Ordinance Review Committee. The Committee was discussing dilapidated buildings.

Peter MacGillivray asked Mr. Forguites if he attended the Landlord Seminar of November 28, 2012. Mr. Forguites said he

did attend and thought the presentation was very good. A lot of material was covered. He was quite sure everyone walked away with

more information than they had.

Chairman Morris stated the seminar was geared for approximately 20 to 25 people, however, 65 to 70 people were estimated

to have attended. There were attendees from Springfield, Bellows Falls and surrounding areas. Lease Agreements, Vicious Dog

Breeds, Background Checks and suggested Lease Clauses were all discussed.

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Vice Chairman Knoras cha nged the topic to the Prison Agreement. He doesn’t know what it says, but he would like a copy.

Mr. Forguites said he could forward a copy to him. Vice Chairman Knoras wanted to know what it said. Mr. Forguites said the

agreement says, “ The STATE, acting through its Department of Corrections, shall only furlough to TOWN inmates originating from

TOWN and shall notify TOWN through its Police Department prior to the furlough of any inmates from any of the STATES

Correctional Facilities into TOWN.” Mr. Forguites stated that was what the discussion was about this afternoon.

Vice Chairman Knoras said that is not what he heard this afternoon. Mr. Forguites said he heard the same thing as Mr.

Knoras. Mr. Forguites said there is suppose to be a background check to see where the inmates are from. Mr. William Soule, District

Man ager, stated today, that he didn’t have the money to perform the background checks.

The intent of the Article was for inmates who served their time would not be released into Springfield, but would go back to

their home towns, per Mr. Forguites.

1. Citizens Concerns – Update c. Sub-Committee Report –

Peter MacGillivray and Stephanie Gibson shared their information with the Board. The past week they went through all the

Police Codes and condensed them. They provided Chief Douglas Johnston will a list. Chief Johnston will run the suggestions

through his computer system and see what he ends up with. Mr. MacGillivray also mentioned as an after thought, “Location” sh ould

be monitored too. Mr. MacGillivray and Ms. Gibson are looking at a report that can be changed as needed.

2. Park Street/East Schools -

Chairman Morris addressed this topic because he has spoken with Chairman, Scott Adnams, of the School Board a couple of

times face to face. Apparently, Chairman Adnams didn’t think changing the schools over to the Town would fly. Chairman Morris

also had a discussion with Bob Flint of SRDC. There is a new market tax credit being proposed for profits and non-profits to develop

old buildings. The Town does not qualify for the new market tax credit.

Vice Chairman Knoras inquired about the new proposed committee. Chairman Adnams of the School Board acknowledged

the committee still needed to be formed. The committee will be made up of two School Board Members, two Board of Selectmen

Members and a fifth person. Chairman Morris said he would like to see the fifth person have some type of developer background.

David Yesman pointed out that no one seems to be able to answer who owns the land Park Street School sits on. Chairman

Morris stated that records for the schools go back over a hundred years. He also referred to a comment Personnel Director, Linda

Rousse, made at a Board of Selectmen Meeting on November 26, 2012. Mrs. Rousse stated she was not an attorney and some one of

legal authority would have to look into the Park Street School situation.

David Yesman suggested a Para- legal or Lawyer be asked to look into the subject. The Town’s Attorney, Stephan Ankuda,

suggested a Surveyor look into the situation. He felt a surveyor would do a good job. Mr. Forguites said he had an idea and would

start working on it. He also reminded the Board this suggestion costs money.

J.

NEW BUSINESS:

1. Zoning Bylaws Amendments -

Mr. Forguites said the Planning Commission held a Public Hearing on two items on November 7, 2012. The first item was

“Certificate of Occupancy” and the second item dealing with Amending the Current Zoning Map to change certain parcels in Nort h

Springfield from “Industrial to Residential Commercial”. Both of the ch anges were approved by the Planning Commission and are

being turned over to the Board of Selectmen. The Board of Selectmen needs to receive the amendments and set a Public Hearing for

input. The Public Hearing needs to be set “not less than 15 or more t han 120 days” after they have been received.

MOTION:

Vice Chairman, Michael Knoras, moved to receive the proposed Zoning Bylaws as of December 10, 2012.

Peter MacGillivray seconded, passed unanimously.

Vice Chairman Knoras was anxious to set the date for the Public Hearing. After much discussion a motion was made.

MOTION:

David Yesman moved to schedule a Public Hearing on January 28, 2013 for the purpose of discussing

the proposed Zoning Bylaws. The Public Hearing will be at 6:30 PM prior to the Regular Board of

Selectmen Meeting on January 28, 2013 at 7:00 PM.

Stephanie Gibson seconded, 4 Votes of Yes, 1 Vote of No (M. Knoras).

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Mr. Forguites stated should the Public Hearing need more time, the Regular Board of Selectmen Meeting will start later.

2. Windsor County Budget Hearing Date -

Mr. Forguites said he received information about a Preliminary Hearing on the proposed Windsor County Budget for July 1,

2013 to June 30, 2014 Fiscal Year along with a copy of the Draft Budget. The Preliminary Hearing will be held on December 19,

2012 at 5:00 PM at the Windsor County Courthouse.

There will also be a Public Hearing to discuss a proposed Bond Issue. The Hearing will also take place on December 19,

2012 at 6:45 PM at the Windsor County Courthouse, 12 The Green, Woodstock, Vermont. Mr. Forguites said he will be attending the

Hearings.

Chairman Morris read the warrant for the viewers of SAPA TV. Mr. Forguites did add – A Bond has been voted on for

renovations to the Windsor County Courthouse a couple of times and failed twice. David Yesman and Peter MacGillivray shared their

views of the budget worksheet.

3. Connecticut River Joint Commission Appointment -

Mr. Forguites received a request from Vicki Davis, Staff Consultant, for the Connecticut River Joint Commission, (CRJC), to

appoint William Manner as an Alternate Representative from the Town of Springfield on the Mount Ascutney Local River Sub-

Committee of CRJC. Mr. Forguites said he thought from Mr. Manner’s background he would be a very good candidate for this

position and he should be appointed.

MOTION:

Peter MacGillivray moved to appoint William Manner as an Alternate Representative from the Town of

Springfield to serve on the Mount Ascutney Local River Sub-Committee of Connecticut River Joint

Commission. Stephanie Gibson seconded, passed unanimously.

Mr. Forguites informed the Board of Selectmen that Kelly Stettner is the Chair of the Mount Ascutney Local River Sub-

Committee. Kurt Staudter is also appointed to this same committee.

4. Holiday Parking Limit -

Stephanie Gibson contacted Mr. Forguites with a request to discuss the possibility of suspending Two Hour Parking for

Downtown. The Board Members discussed the suggestion and made the following motion.

MOTION:

Vice Chairman, Michael Knoras, moved to Suspend Two Hour Parking for Downtown. The Suspension

goes into effect immediately and last until midnight on December 31, 2012. Peter MacGillivray seconded,

passed unanimously.

L.

CITIZENS COMMENTS: - None

M.

FUTURE AGENDA ITEMS: - None

EXECUTIVE SESSION: - Contracts

N.

ADJOURNMENT:

MOTION:

David Yesman moved to close the Regular Board of Selectmen Meeting of December 10, 2012 for the

purpose of attending Executive Session to discuss contracts. Stephanie Gibson seconded, passed

unanimously.

Meeting adjourned at 8:22 PM.

Respectfully Submitted,

Donna M. hall,

Recording Secretary

Board of Selectmen Meeting 12-10-12

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